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JULY 2001
DOT
REVISES DRUG AND ALCOHOL TESTING RULES: The U.S. Department
of Transportation has implemented several changes in drug
and alcohol testing regulations that impact transportation
employees in safety-sensitive positions, such as bus drivers,
railroad workers, airline mechanics and flight crews. The
most important changes involve validity testing, which
is designed to detect samples that have been tampered with
or substituted. To ensure fairness to employees, when a
laboratory suspects that a sample has been adulterated,
an employer-paid physician must review the test results
to determine whether there is a legitimate medical reason
that accounts for the results. An employee can also have
a sample retested by a different lab. These provisions
took effect on Feb. 19, 2001. Other changes, including
enhanced training requirements for drug and alcohol testing
personnel, go into effect Aug. 1, 2001.
CONGRESS
SCRAPS OSHA'S ERGONOMIC RULE-FOR NOW: In a major victory
for business, Congress voted in March 2001 to rescind the
federal ergonomics rule that took effect in the final days
of the Clinton Administration (see Waag and Co. bulletin
from December 2000). The ergonomics regulations covered
102 million workers at 6.1 million work sites. OSHA estimated
the cost of compliance at $4.5 billion per year, but some
critics said businesses would have to spend over $100 billion
a year. But the federal ergonomics rules aren't dead -
yet. After Congress scrapped OSHA's ergonomics standard
earlier this year, new congressional bills were introduced
- over the objections of President Bush and the Labor Department
- that would require OSHA to issue a final ergonomics rule
in two years. Labor Secretary Elaine Chao has said she
will decide by September whether to pursue another mandatory
ergonomics regulation or a voluntary policy. Ms. Chao has
scheduled three hearings on subject, including a July 24
hearing in California. It is important to note that the
Cal/OSHA ergonomics standard remains in effect, regardless
of the recent federal activity.
IRS
ISSUES NEW WITHHOLDING TABLES, REQUIRED EMPLOYEE NOTICE: The
Internal Revenue Service has published revised income tax
tables reflecting income tax decreases signed into law
earlier by President Bush. Employers should begin using
the revised withholding tables as soon as possible for
wages paid after June 30, 2001. The W-4 Form for employee
withholding was not changed. Employers must also make a
new IRS notice about the tax decreases available to employees.
The new notice informs employees that they may submit a
new W-4 Form so the correct amount of tax is withheld from
their pay. To download the new employee notice and a 2001
W-4 Form, click
here.
TAX
CREDIT FOR BUSINESSES COMPLYING WITH THE ADA: President
Bush is urging small businesses to take advantage of the
Disabled Access Credit, a tax incentive program created
in 1990, to help them comply with the Americans with Disabilities
Act (ADA). Businesses with 30 or fewer full-time employees,
or total revenues of $1,000,000 or less, may use a credit
of up to $5,000 a year to offset costs of altering facilities,
using interpreters, or other steps to improve accessibility
for customers or employees. Details regarding these tax
credits are available at the White House website by clicking
here. Employers can also obtain a free ADA Guide for
Small Businesses or ADA Tax Incentive Packet at the United
States Department of Justice webiste by clicking
here.
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